June Newbauer, 70, lived at the Grace Living Center. She was dropped to the floor as she was being transferred into a shower chair. An x-ray showed no fracture, according to radiologist and defendant, Dr. James Zimmerman.

Another internist reviewed the same x-ray and also concluded there was no fracture.

The following month, Newbauer fell out of bed. Another internist who was called in to examine here did not order any imaging studies despite her leg pain. Four days later, she was correctly diagnosed as having a fractured left femur and knee.

Newbauer underwent surgery for which she suffered complications and died. She is survived by her five adult children.

Newbauer’s estate sued Dr. Zimmerman claiming that he chose not to properly diagnose and treat her orthopedic fractures and failed to refer her to a specialist. The lawsuit also alleged liability against the nursing home.

The nursing home settled confidentially with the Newbauer family before the trial. Following the jury trial, the jury signed a verdict for $200,000 apportioning liability at 10% to Dr. Zimmerman, 30% each (60%) to two nonparty physicians and 30% to the hospital.

The attorneys successfully handling this tragic case were Mark Edwards and Trevor Furlong.

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